AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18-5-22c, relating
to epinephrine auto-injectors; allowing schools to
voluntarily maintain and use epinephrine auto-injectors;
providing for the administration of an auto-injector by a
school nurse or other trained and authorized nonmedical school
personnel for emergency care or treatment of anaphylactic
reactions; allowing the issuance of standing orders and
protocols by physicians to schools to obtain epinephrine
auto-injectors; setting forth notice requirements; allowing
students who self-inject to use the school supply of
epinephrine auto-injectors; setting forth immunity from
liability for school nurses and trained and authorized
nonmedical school personnel; allowing county school boards to
participate in free or discounted manufacturer sponsored
pharmaceutical programs to obtain epinephrine auto-injectors;
providing for data collection and reporting requirements; and
setting forth rule-making authority to effectuate the
provisions of the section.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-5-22c, to read as
follows:

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-22c. Providing for the maintenance and use of epinephrine
auto-injectors; administration of injections;
notice; indemnity from liability; rules.

(a) A public, private, parochial or denominational school
located within this state may possess and maintain at the school a
supply of epinephrine auto-injectors for use in emergency medical
care or treatment for an anaphylactic reaction. A prior diagnosis
for a student or school personnel requiring the use of epinephrine
auto-injectors is not necessary to permit the school to stock
epinephrine auto-injectors. Epinephrine auto-injectors shall be
maintained by the school in a secure location which is only
accessible by medical personnel and authorized nonmedical personnel
and not by students.

(b) An allopathic physician licensed to practice pursuant to
the provisions of article three, chapter thirty of this code or an
osteopathic physician licensed to practice pursuant to the
provisions of article fourteen, chapter thirty of this code may
prescribe within the course of his or her professional practice
standing orders and protocols for use when necessary by a school
which wishes to maintain epinephrine auto-injector pursuant to the
provisions of this section.

(c) A school nurse, as set forth in section twenty-two of this
article, is authorized to administer an epinephrine auto-injector
to a student or school personnel during regular school hours or at
a school function when the school nurse medically believes the
individual is experiencing an anaphylactic reaction. A school
nurse may use the school supply of epinephrine auto-injectors for
a student or school personnel authorized to self-administer that
meet the requirements of a prescription on file with the school.

(d) Nonmedical school personnel who have been trained in the
administration of an epinephrine auto-injector and who have been
designated and authorized by the school to administer the
epinephrine auto-injector are authorized to administer an
epinephrine auto-injector to a student or school personnel during
regular school hours or at a school function when the authorized
and designated nonmedical school personnel reasonably believes,
based upon their training, that the individual is experiencing an
anaphylactic reaction. Nonmedical school personnel may use the
school supply of epinephrine auto-injectors for a student or school
personnel authorized to self-administer that meet the requirements
of a prescription on file with the school.

(e) Prior notice to the parents of a student of the
administration of the epinephrine auto-injector is not required.
Immediately following the administration of the epinephrine
auto-injector, the school shall provide notice to the parent of a
student who received an auto-injection.

(f) A school nurse or trained and authorized nonmedical school
personnel who administer an epinephrine auto-injection to a student
or to school personnel as provided in this section is immune from
liability for any civil action arising out of an act or omission
resulting from the administration of the epinephrine auto-injection
unless the act or omission was the result of the school nurse or
trained and authorized nonmedical school personnel’s gross
negligence or willful misconduct.

(g) For the purposes of this section, all county boards of
education may participate in free or discounted drug programs from
pharmaceutical manufacturers to provide epinephrine auto-injectors
to schools in their counties who choose to stock auto-injectors.

(h) All county boards of education are required to collect and
compile aggregate data on incidents of anaphylactic reactions
resulting in the administration of school maintained epinephrine
auto-injectors in their county during a school year and forward the
data to State Superintendent of Schools. The State Superintendent
of Schools shall prepare an annual report to be presented to the
Joint Committee on Government and Finance as set forth in article
three, chapter four of this code, by December 31 of each year.

(i) The State Board of Education, as defined in article two of
this chapter, shall consult with the State Health Officer, as
defined in section four, article three, chapter thirty of this
code, and promulgate rules necessary to effectuate the provisions
of this section in accordance with the provisions of article
three-b, chapter twenty-nine-a of this code. The rules shall
provide, at a minimum, for:

(1) The criteria for selection and minimum requirements of
nonmedical school personnel who may administer epinephrine
auto-injectors following the necessary training;

(2) The training requirements necessary for nonmedical school
personnel to be authorized to administer an epinephrine
auto-injection;

(3) Training on anaphylaxis and allergy awareness for food
service workers in the school system, if easily available locally;

(4) Storage requirements for maintaining the epinephrine
auto-injectors within the schools;

(5) Comprehensive notice requirements to the parents of a
student who was administered a school maintained epinephrine
auto-injection including who administered the injection, the
rational for administering the injection, the approximate time of
the injection and any other necessary elements to make the
students’ parents fully aware of the circumstances surrounding the
administration of the injection;

(6) Any and all necessary documentation to be kept and
maintained regarding receipt, inventory, storage and usage of all
epinephrine auto-injectors;

(7) Detailed reporting requirements for county boards of
education on incidents of use of school maintained epinephrine
auto-injectors during a school year; and